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Divorce Questions & Answers

1 Answer | Asked in Divorce for North Carolina on

Q: My mother is in a legal separation. The house is only in her name, Can she sell it without the spouse?

Amanda Bowden Houser answered on Jun 18, 2019

Depends on what you mean by 'legal separation'. There is no such thing in North Carolina but if you mean she has entered into a formal written separation agreement then it is possible that it could have been drafted so that she can sell the property. Without looking at the agreement or any other... Read more »

1 Answer | Asked in Child Support and Divorce for Maryland on

Q: I am separated and moving toward the divorce. I make substantially more money than my ex, but she only works part-time.

We have shared custody 50/50, but the monthly child support I pay is significant. Should this be calculated on her earning potential instead of her actual since she chooses to work part time and is using my child support her?

Elizabeth Pugliese answered on Jun 18, 2019

Child support is based on actual income, not speculation of what someone thinks she could be making.

1 Answer | Asked in Divorce for Alabama on

Q: In AL. is it legal for judge to order 5 yr old not to call stepdad dad

Kristine Jones answered on Jun 17, 2019

Hello, it is common in settlement agreements for parties to agree that the distinctions of "Mother" and "Father" are reserved for the two parties getting divorced. Those agreements are turned into orders. Trial judges have a lot of discretion in what they can order, and this is part of that power.... Read more »

1 Answer | Asked in Divorce for Louisiana on

Q: If I filed for divorce 2 years ago will I need to refile inorder to move forward? How long can I wait to ask for final j

Ellen Cronin Badeaux answered on Jun 17, 2019

Depends on the date service was waived or accomplished. Hire a divorce attorney immediately and maybe you can avoid refiling.

1 Answer | Asked in Divorce and Family Law for Florida on

Q: Can i continue my divorce with a different lawyer or do i have to start over?

Started my divorce with a lawyer and can no longer find his firm or reach him. My papers are signed by myself and soon to be ex husband. Do i have to start over with different papers or can i continue just through the court system. The soon to be ex husband is moving out of state tomorrow.

Rand Scott Lieber answered on Jun 17, 2019

You should be able to continue with the documents that you have already prepared.

1 Answer | Asked in Divorce for Texas on

Q: My partner filed for divorce but refused to follow through. Now i want the divorce. Do i have to start all over again.

We have been separated since jan 2 2018 but decided working things out since January 2019. It's gotten really terrible again and i want out finally. Do i have to start the divorce process all over again or just get the final divorce decree, sign it and turn it in? My partner already filed for... Read more »

Rahlita D. Thornton answered on Jun 17, 2019

You can still pursue the divorce if you have pleadings on file yourself. It is unlikely that you filed the appropriate paperwork. Since you have a lot going on then I would suggest that you retain an attorney to finalize the case for you. We can assist you if you desire. 888-343-4529

1 Answer | Asked in Divorce for New York on

Q: If divorce judgment was for EEC/ED to be paid post tax $5,000 per month with 9% interest until paid off, can i prepay?

The judgment does NOT include language that you can prepay at any time without any penalties. I have been paying for 5 years. If I continue to pay the $5,000 per month, not only will it take 40 more years to complete, but my ex wife will have received a few million dollars over the initial amount... Read more »

Nina Mironenko answered on Jun 17, 2019

Your Stipulation of Settlement, or Decision and Order (if you had a trial on this issue) should include language that you can prepay at any time without any penalties. Even if they do not, contain this language, you can tender payment in full. If your ex wife refuses to accept the pre payment,... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Oklahoma on

Q: My step daughter has 3 kids and filed for divorce. Is parenting class required? What if he won't go? Is she out of luck?

She insists the Judge told her the divorce won't be granted unless they both attend this parenting class. He refuses to go. What remedy does she have to get the divorce finalized and get an order for child support? He gives her no money for the small kids (3 under age 4). She is not working and... Read more »

Hans Otto Lehr answered on Jun 17, 2019

Starting with the divorce questions, yes, attending the Helping Children Cope with Divorce class is mandatory for both parents and is offered at Family and Children's Services. If she is receiving certain types of state services through DHS, she may be able to waive the fee for the class.... Read more »

1 Answer | Asked in Divorce for Tennessee on

Q: Is sexting during a separation illegal?

Leonard Robert Grefseng answered on Jun 17, 2019

It not "illegal" but it is NEVER a good idea.

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on

Q: Can my husband take our 2 children to another state without my consent and after I have contested it in court?

He is the primary custodial parent only through a temporary custody order.

Ellaretha Coleman answered on Jun 16, 2019

It is unclear from your question whether he is taking the children temporarily or moving permanently. Typically, if a case is pending the standing order will prevent a parent from permanently removing the children from the state of Georgia during the pendency of a divorce or custody action.... Read more »

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1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Texas on

Q: Can you get a no contact order if your spouse is in a different state?

Kiele Linroth Pace answered on Jun 14, 2019

Yes, threats of imminent violence can be the basis for a Family Violence protective order. Such threats do not even have to be imminent to be the basis for a Stalking protective order. Committing the offense of Harassment on multiple occasions can also be the basis of a Stalking protective order.... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Divorce for Texas on

Q: Can a no-contact order be obtained against me to keep me from my wife even though I never committed violence or threat?

I have not spoken too nor seen my wife in 15 months and suddenly, 3 weeks ago, at a hearing in my criminal case the prosecutor motioned for the order judge gave the order. He has also told my wife not to let me have anything not even a car in my name. I was falsely accused of a crime from... Read more »

Kiele Linroth Pace answered on Jun 14, 2019

The prosecutor can't issue an order... they most they can do is make a motion requesting that the judge issue an order. The judge has fairly wide discretion regarding what she can order the defendant to do (or not do) when it comes to matters of protecting an alleged victim or even the general... Read more »

1 Answer | Asked in Criminal Law, Divorce and Sexual Harassment for Indiana on

Q: I’m living in Japan but I’d like to sue my heartless ex who lives in West Lafayette. Can I sue him even I’m overseas?

Bruce Alexander Minnick answered on Jun 14, 2019

Sure, but you will have to hire an Indiana lawyer to file the suit.

1 Answer | Asked in Divorce and Family Law for Texas on

Q: I have the following question regarding the Common Law Marriage in Texas and please provide me with the case law.

Could someone please clarify the following Texas Family Code - FAM § 2.401. Proof of Informal Marriage ?

(2) the man and woman agreed to be married and after the (agreement) they lived together in this state as husband and wife and there represented to others that they were married.... Read more »

Robert Allen Thornton answered on Jun 13, 2019

Two people can enter into a written agreement to be married. This, of course, would be conclusive, that is to say, would leave no doubt. Other than that, the agreement can be verbal. But, there does not have to be an actual formal conversation. To prove a common law marriage using this statute,... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on

Q: Adultery, Divorce, Custody/Child Support and Alimony

My husband and I have been married for 14 years. Both of us have committed adultery during the marriage but he left me and our son who is now 11 twice during the 14 years. Now we both want divorce and I want alimony due to low finances on my end. He wants joint custody, only so that he doesn't have... Read more »

Mr. James Parrish Coleman answered on Jun 13, 2019

You have a lot of facts here, and they are all important to the questions you ask. You need an attorney to address these. Go to legal aid, or find the money to hire someone. If he has had sex with you after learning of your infidelity, he can't sue you on grounds of adultery. If he left you for... Read more »

1 Answer | Asked in Divorce for Louisiana on

Q: My son wants his wife to change her last name after divorce.

My son's wife left him the day he got out of the Army. She doesn't want to change from my sons last name. They have a 3 year old daughter together but she is now pregnant for another man. Her reason for not wanting to change her last name is because she wants to keep the same last name as at least... Read more »

Ellen Cronin Badeaux answered on Jun 12, 2019

Your son cannot force her to assume her maiden name. If she left him, he needs to file ASAP to cut off her ability to get him in debt. Alternatively, they can go to a mediator for their divorce, if they agree on everything.

1 Answer | Asked in Divorce and Family Law for Louisiana on

Q: What outcome should I expect from my divorce?

My wife and I were married just over a year ago. At the time we were married, she was a recently divorced mother of 3 children from her previous marriage, and we have no children of our own, nor any "community property" to speak of. After getting married, I moved into her house, which is completely... Read more »

Ellen Cronin Badeaux answered on Jun 12, 2019

Her attorney can still seek spousal support. By the way, you can file for divorce at the beginning of the separation, instead of at the end of the 180 days, to prevent her from getting you in any debt. You should at the least consult with an attorney. Additionally, if you screw up a... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on

Q: Am I allowed to refuse visitation to the non-custodial parent due to alcohol, drug and extreme sexiual behvior abuse.

I am the custodial parent and I wanted to know can I refuse visitation according to the other parent abuse. He has not seen his child in over 3 years becuase he hops state to state and city to city. He owes over 27,000 dollars in child support. I have video and photo proof of all his abuse.... Read more »

Samantha A Holloway answered on Jun 12, 2019

I would suggest that you file the necessary documents to modify visitation immediately. Depending on the judge/county, you may be able to get an emergency hearing to temporarily modify visitation if you believe that your child will be in danger when the child is in his father's care.

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1 Answer | Asked in Divorce and Family Law for Illinois on

Q: Where can I get info about local attorneys who can give me an approx cost?

What if my husband doesn't pay the fees when I don't have the money to cover attorney fees.

James G. Ahlberg answered on Jun 12, 2019

Call and ask them how much they charge and how fees are calculated.

1 Answer | Asked in Divorce for Michigan on

Q: Do I file a divorce with minor kids or without minor kids?

My ex and I have a almost 1 year old but he is currently placed with my parents under a guardianship. Since we don’t have him do I file a divorce with minor children or without minor children?

Brent T. Geers answered on Jun 12, 2019

Good question, but I believe you'll need to file divorce with minor children. A guardianship is not the same as having had your parental rights terminated.

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